2. If the parties cannot agree with respect to the nomination or if the persons nominated refuse to act and the
parties are desirous that the nomination shall be made by the Court, the Court shall appoint the arbitrators.
3. The Court shall by an order under its seal refer to the arbitrators the matters in difference in the suit which
they may be required to determine, and shall fix a time for the delivery of the award, and the time so fixed shall
be stated in the order.
4. If the reference be to two or more arbitrators, provision shall be made in the order for a difference of opinion
among them, by the appointment of an umpire, or by declaring that the decision shall be with the majority, or by
empowering the arbitrators to appoint an umpire, or otherwise as may be agreed between the parties or if they
cannot agree, as the Court may determine.
5. When a reference to arbitration is made by an order of Court the same process to the parties and witnesses,
whom the arbitrators or umpire may desire to have examined, shall issue as in ordinary suits and persons not
attending in compliance with such process, or making any other default, or refusing to give evidence, or being
guilty of any contempt of the arbitrators or umpire during the investigations of the suit, shall be subject to the
like disadvantages, penalties, and punishments, by order of the Court on the representation of the arbitrators or
umpire, as they would incur for the same offences in suits tried before the Court.
6. (1) When the arbitrators are not able to complete the award with in the period specified in the order from want
of the necessary evidence or information or other good and sufficient cause, the Court may from time to time
enlarge the period for delivery of the award, if it thinks it proper.
(2) In any case in which an umpire is appointed, it shall be lawful for him to enter on the reference in lieu of the
arbitrators, if they have allowed their time or their extended time, to expire without making an award or have
delivered to the Court or to the umpire, a notice in writing stating that they cannot agree:
Provided that an award shall not be liable to be set aside only by reason of its not having been completed within
the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct
of the arbitrators or umpire, or unless the award has been made after the issue of an order by the Court
superseding the arbitration and recalling the suit.
7. (1) If, in any case of reference to arbitration by an order of Court, the arbitrators or umpire shall die or refuse
or become incapable to act, it shall be lawful for the Court to appoint a new arbitrator or arbitrators, or umpire in
the place of the person or persons so dying, or refusing or becoming incapable to act.
(2) Where the arbitrators are empowered by the terms of the order or reference to appoint an umpire and do not
appoint an umpire, any of the parties ma serve the arbitrators with a written notice to appoint an umpire; and if
within seven days after the notice has been served, no umpire is appointed, it shall be lawful for the Court upon
the application of the party having served the notice as aforesaid and upon proof to its satisfaction of the notice
having been served, to appoint an umpire.
(3) In any case of appointment under this rule, the arbitrators or umpire so appointed shall have the like power to
act in the reference as if their names had been inserted in the original order of reference.
8. (1) The award shall contain a conclusive finding and may not find on the contingency of any matter of fact
being afterwards substantiated or deposed to.
(2) It shall comprehend a finding on each of the several matters referred.
9. It shall be lawful for the arbitrators or umpire upon any reference by an order of Court, if they think fit and if
it is not provided to the contrary, to state their award as to the whole or any part thereof in the form of a special
case for the opinion of the Court.
10. The Court may, on the application of either party, modify or correct an award where it appears that a part of
the award is upon matters not referred to the arbitrators, (provided that part can be separated from the other part
and does not affect the decision on the matter referred), or where the award is imperfect in form or contains any
obvious error which can be amended without affecting the decision.